Malik v. Skoczylas et al, No. 6:2017cv06142 - Document 31 (W.D.N.Y. 2020)

Court Description: DECISION AND ORDER This case is dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) and Local Rule of Civil Procedure of the Western District of New York 41(b). Signed by Hon. David G. Larimer on 12/1/2020. Copy of this Decision and Order sent by First Class Mail to plaintiff Ali Malik on 12/2/2020 to his address of record. (KAH)-CLERK TO FOLLOW UP-

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Malik v. Skoczylas et al Doc. 31 Case 6:17-cv-06142-DGL Document 31 Filed 12/01/20 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ALI MALIK, DECISION AND ORDER Plaintiff, 17-CV-6142L v. SKOCZYLAS, et al., Defendants. ________________________________________________ The Complaint in this action was filed, pro se, in 2017. Service does not appear to have been profected and there has been no action in the case for over one year. Because of that lack of action, this Court entered an Order to Show Cause on October 28, 2020, directing the plaintiff to advise the Court in writing on or before November 20, 2020, concerning the status of the case. The document was mailed to plaintiff at his current address, the Coxsackie Correctional Facility. As of the date of this Decision and Order, plaintiff has failed to respond to the Order to Show Cause. Therefore, because of that failure and the delay in prosecuting this case, this case is dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) and Local Rule of Civil Procedure of the Western District of New York 41(b). Dockets.Justia.com Case 6:17-cv-06142-DGL Document 31 Filed 12/01/20 Page 2 of 2 CONCLUSION This case is dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b) and Local Rule of Civil Procedure of the Western District of New York 41(b). IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York December 1, 2020. 2

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